Tweet
Hi,
My wife's H1B (6 year) validity will end in February first week. Her PERM is filed in July 2022 and waiting for approval . What would be the better option for her from below. I'm on H1B visa with validity till August 2023 and PERM is filed recently. So H4 -EAD is not an option for her.
1. Should she convert to H4 filing Change of status and wait for her PERM, i-140 and H1B extension to be approved ? Currently the H4 Change of status seem to be taking more than 6 months and there is a risk of RFE with pending H4 application when H1B extension is filed.
2. Or should she leave the country - go to home country India and once PERM, i-140 and H1B extension are approved, she can get H1B stamped and come back. Her company is okay with her working from India office and India payroll, to secure her employment during this time period.
With delay in processing times, not able to decide which will be a better option to quickly get back to H1B visa and avoid the delays. Please do advise for our case.
My wife's H1B (6 year) validity will end in February first week. Her PERM is filed in July 2022 and waiting for approval . What would be the better option for her from below. I'm on H1B visa with validity till August 2023 and PERM is filed recently. So H4 -EAD is not an option for her.
1. Should she convert to H4 filing Change of status and wait for her PERM, i-140 and H1B extension to be approved ? Currently the H4 Change of status seem to be taking more than 6 months and there is a risk of RFE with pending H4 application when H1B extension is filed.
2. Or should she leave the country - go to home country India and once PERM, i-140 and H1B extension are approved, she can get H1B stamped and come back. Her company is okay with her working from India office and India payroll, to secure her employment during this time period.
With delay in processing times, not able to decide which will be a better option to quickly get back to H1B visa and avoid the delays. Please do advise for our case.
